I'd love to hear more about this "legal loophole", don't be such a tease.
As for Gordon Brown?
'We' didn't elect Tony Blair as PM.
'We' the people never have directly elected a PM.
'We' elected a majority of Labour MPs.
The Labour party leader as leader of the majority of MPs in the HOC is appointed by the Queen as PM.
It's just fundamental misunderstanding after fundamental misunderstanding of our (long established) Gov proceedures, eh?